Commonwealth v. Bugg

GARDNER, Commissioner.

The Commonwealth has appealed for certification of the law the issue of “Whether the circuit court erred in refusing to permit the Commonwealth the right to use the prior transcribed testimony of William H. Brooks, now deceased, which was given under oath at an examining trial in the Ballard Quarterly Court, as evidence-in-chief at the trial of the appellee in the Ballard Circuit Court ?”

It was shown that the proceedings at the examining trial in the quarterly court were reported by a stenographer chosen by the accused and whose fee was paid by the accused. The…